Illinois Ombudsmen Advocate against Resident “Dumping”

February 12, 2018

Illinois State Ombudsman, Jamie Freschi, is quoted in the State Journal-Register. In Illinois, involuntary discharges are the top complaint filed against nursing homes and Freschi says advocates will push again this year to enact stricter legislation that guards against improper discharges affecting patients.

The legislation was introduced in the General Assembly last year but didn’t receive a vote of the full House or Senate. Nursing homes and assisted-living centers in Illinois are allowed to discharge people against their will for reasons that include mental and physical health, behavior and lack of payment.

Long-term care facilities are required by federal law to give 30 days’ notice before evicting someone but notice often isn’t given, leaving nursing home residents stranded in hospitals while nursing homes immediately evict them or give no reason or inadequate reasons for not taking them back, Freschi said.

A bill, expected to be introduced in the next few weeks, will again include language to “give voice to our most vulnerable population” when nursing homes and assisted-living centers want to evict people they view as bothersome or difficult to care for, Freschi said. “The legislation updates the Illinois Nursing Home Act to reflect the newly revised federal nursing home regulations in relationship with involuntary transfers and discharges,” she said. “The legislation also closes loopholes that currently allow facilities to circumvent regulations making it far too easy to be non-compliant.”

The Consumer Voice envisions a world in which all consumers of long-term care, services and supports are treated with respect and dignity and have a wide range of aﬀordable, quality options across all settings.